Glossary

account of an executor or administrator listing costs of administration, payments to creditors, and sometimes distribution to heirs.

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Administrator

In older records, this is a person appointed to settle estate of the deceased.

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Administratix

female administrator.

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Affirmation

a solemn statement, equivalent by law to an oath, but without religious significance or reference to a Supreme Being.

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Ague

recurring fever or chills of malaria.

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Amanuensis

secretary.

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Amerced

fined.

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Amercement

a payment applied to both parties in a civil suit for the privilege of using the courts, more especially to discourage frivilous suits; the losing party paid both amercements. County court amercements were thirty pounds of tobacco; those of the provincial court were fifty pounds.

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Apoplexy

stroke.

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Artificer

soldier mechanic.

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Assignee

person to whom property has been assigned.

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Assumpsit

a court suit filed when a written or oral contract has been broken.

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Banns

publication or posting of the announcement of a coming marriage, a period of time before the actual marriage to allow advance notice to those that might have reason to protest. In most churches the banns were read aloud on three successive Sundays.

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Bequest

a gift by will of personal property.

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Bilious Fever

fever caused by liver disorder.

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Bill of complaint

a written statement introduced by a plaintiff into court.

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Bill of sale

an instrument transferring title to personal property from one person to another.

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Bloody Flux

dysentery.

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Bolus

a medicinal dose, in the form of a round mass of medicine larger than an ordinary pill.

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Calavances

dried beans or pease used as army-stores, probably a corruption of Spanish "garbanzos".

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Capias

a writ to take a person into custody.

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Carner

granary keeper.

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Causa

a court suit.

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Caveat

an action used to prevent land from being patented.

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Certiorari

see Writ of certiorari.

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Chancery

another term for equity.

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Chattels

articles of personal property.

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Circa

about (for example c. 1790).

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Citation

a writ commanding a person's presence in court to perform a specific action.

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Civil

court suit dealing with recovery of private rights or compensation for their infraction, such as nonpayment of debts or claims for damages.

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Codicil

an addition or supplement to a will.

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Common Recovery

a court proceeding to break an entail.

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Complainant

another term for plaintiff.

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Consort

spouse.

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Consumption

tuberculosis.

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Conveyance

transfer of title to land from one person to another.

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De bonis non

concerning goods not settled by preceding administrator.

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Decedent

a person who has died.

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Decree

final decision rendered in an equity case.

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Dedimus potestatum

A legal procedure that permitted one party to take and record the testimony of a witness before trial, but only if that testimony might otherwise be lost, as for example with a witness who was terminally ill and might not live until the trial took place.

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Deed

an instrument transfering title to land from one person to another.

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Deed of trust

An instrument transfering title to real or personal property to a trustee in order to secure repayment of money or performance of other conditions.

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Demurrer

a pleading which acknowledges facts presented but contends they are insufficient to proceed further with the case.

court suit involving a matter needing an equitable solution, which cannot be decided on the basis of common or statute law, such as settlement of an estate or divorce.

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Escheat

Reversion of land to the state (and in colonial Maryland, to Lord Baltimore) for want of heirs.

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Essoyned

Essoin, Essoign. An excuse for not appearing in court at the return of the process; presentation of such excuse.

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Estate

the interest anyone has in lands or other property; property composing the assets of a decedent or a ward.

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Estrays

cattle of unknown owners.

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Et al

"and others"

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Et ux

"and wife"

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Execution

process of carrying into effect a court judgment or decree.

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Executor

appointed by testator (deceased) to carry out the direction and request of his will.

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Executrix

a female executor.

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Farrier

horse doctor; blacksmith who shoes horses.

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Febrifuge

a medication that reduces fever; acting to reduce fever (adj.).

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Fee simple

unencumbered title to land, clear of restriction or conditions.

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Femme Covert

married woman.

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Femme Sole

single woman.

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Fire-ship

prostitute.

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Fieri facias

a writ directing property to be seized and sold in order to satisfy a judgement against a debtor.

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Folio

page.

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Glebe

church land.

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Grant

conveyance of right to land, particularly from the proprietor to others.

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Grantee

person to whom land is deeded.

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Grantor

person who deeds land.

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Hundreds (Hds.)

an old English term for land division equaling a land area of less than a county or shire but larger than a town or parish.

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Imparlance

time granted by a court to respond to allegations.

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In carads

encourages.

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Instrument

legal document.

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Intestate

person who dies without making a will.

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Inventory

detailed list of articles or property of a decedent with estimated value.

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Jeofail

an error or oversight in pleading; the acknowledgement of such an error.

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Judgment

decision of the court after a case is heard, used particularly in reference to a civil case.

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Jurat

to swear. The certificate signed and sealed by a notary which is affixed below the sworn or affirmed statement and signature of the deponent.

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Legatee

a person who recieves personal property by will.

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Letters of Administration (LTA)

formal instrument appointing an administrator to settle an estate.

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Letters Testamentary

authorization granted by a court to administer the estate of a testator.

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Liber

book.

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Locus Sigili

in the place of the seal.

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Manucaption

actual bodily possession.

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Manumission

act of freeing a person from bondage.

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Melilot

or Sweet Clover, a fabaceous (bean-like) member of the genus Melilotus.

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Moiety

one-half.

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N

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Nemine Contradicente

unanimously; without dissent.

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Next Friend

a person who acts for the benefit of a minor or married woman in a court suit.

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Next of Kin

persons most nearly related to a decedent by blood.

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Non Compos Mentis

not of sound mind.

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Nuncupative

description of a will orally created, not written.

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Palatine

These were inhabitants of the Palatinate of the Rhine, which was ravaged and almost depopulated by the French armies in 1688 and the following years. For further details see page 10 of the preface in Volume 27.

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Patent

a grant of priveleges; in Maryland records, a grant of title to land from the proprietor or the state.

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Perch

land measurement equaling 16.5 feet.

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Plaintiff -a person who files suit in court.

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Plant shavers

tobacco cutters.

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Probate

the act or process of proving a will; a general term referring to administration of a decedent's estate.

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Prothonotary

Clerk of the Court.

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Prout petitor

as is asked.

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prt pet

contraction for "prout petitur".

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Relict

widow or widower.

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Renunciation

act by which a person abandons rights to serve as an executor, etc.

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Replevin

an action to recover property taken unlawfully.

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Scire Facias

a writ to revive or renew a judgement.

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Skiddaw

imported cloth, known by the name of the area of Cumbria in which it was produced.

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Sperate Debts

collectable debts.

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Stilliards (Steelyards)

a portable balance with two unequal arms, the longer with a movable counterpoise, and the shorter with a hook or similar device for holding the object to be weighed.

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Summons

a writ notifying a person that legal action has been commenced against him or her.

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Sudorific

causing or increasing sweat.

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Supersedeas

a suspension of legal proceedings.

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Tenant

in the broad sense a person who possesses land; in a restricted sense one who rents land.

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Testator

one who dies leaving a will.

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Testatrix

female testator.

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Testamento

will.

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Testatum Fi Fa

a writ for Sheriff to levy judgment against a debtor.

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Testimony

verbal or written evidence given by a witness in court proceedings.

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Theriaca Andromachi

an antidote for poison, prepared by mixing pulverized drugs with honey to form an electuary. Named for Andromachus, the Greek physician of Roman emporer Nero, who is credited with inventing the antidote.

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Tomusts and woull

?

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Trespass on the Case

court action taken to recover damages inflicted without force by the defendant, often used for the collection of debts.

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Trust

an estate held by one person for the benefit of another.

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Ut Supra

and above.

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Uxor

wife.

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Voucher

receipt, acquittance, or release which serves as evidence of payment or discharge or a debt.

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Ward

a person, usually a minor, placed under the care of a guardian.

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Warrant

a writ directing an official to take certain action.

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Writ

legal document issued by a court ordering or prohibiting an action.

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Writ of certiorari

a discretionary writ issued by an appellate court requiring a lower court to deliver a case record for review. Often shortened to 'cert' (e.g. "the Court granted cert").